Ch. NR 512 NoteNote: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.
NR 512.01NR 512.01Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in this state and to outline the requirements regarding feasibility reports for new landfills or expansions of existing landfills. The purpose of the feasibility report is to determine whether a proposed property has potential for use as a landfill and to identify any conditions which the applicant shall address in the plan of operation. This chapter is adopted under ch. 289, Stats., and s. 227.11, Stats.
NR 512.01 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.
NR 512.02NR 512.02Applicability.
NR 512.02(1)(1)
NR 512.02(1)(a)(a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all landfills as defined under s. 289.01 (20), Stats., including all CCR landfills and expansions.
NR 512.02(1)(b)(b) This chapter does not govern any of the following:
NR 512.02(1)(b)1.1. Landfills regulated under ch. NR 503.
NR 512.02(1)(b)2.2. Hazardous waste facilities as defined under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679.
NR 512.02(1)(b)3.3. Metallic mining operations for nonferrous minerals as defined under s. 293.01 (9), Stats., and regulated under ch. NR 182.
NR 512.02(1)(b)4.4. Metallic mining operations for ferrous minerals as defined under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats.
NR 512.02(2)(2)This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.
NR 512.02 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1994, No. 461; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 4. and am., cr. (1) (b) (intro.) Register July 2022 No. 799, eff. 8-1-22.
NR 512.03NR 512.03Definitions. The terms used in this chapter are defined in s. NR 500.03.
NR 512.03 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88.
NR 512.04NR 512.04Initial site report. Any applicant intending to establish a new landfill or expand an existing landfill shall obtain an initial site report opinion from the department prior to submitting a feasibility report.
NR 512.04 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.
NR 512.05NR 512.05General submittal requirements. An applicant proposing to construct a new landfill or expand an existing landfill shall submit a feasibility report and related materials in accordance with s. NR 500.05 and this chapter. The feasibility report shall address all department review comments on the initial site report and any applicable pre-feasibility report. If the applicant requests any exemptions to the locational criteria and performance standards listed in s. NR 504.04, justification for the request shall be provided in the narrative section of the feasibility report. Applicants proposing an alternative design to the requirements contained in ss. NR 504.05, 504.06, 504.07, 504.08 and 504.09 shall include an analysis that predicts whether the proposed landfill will meet or exceed the performance standards of s. NR 504.04 (4) (d) regarding groundwater quality.
NR 512.05 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, June, 1996, No. 486, eff. 7-1-96.
NR 512.06NR 512.06Procedural requirements. An applicant shall comply with all applicable procedural requirements of ss. 289.21 to 289.32, Stats.
NR 512.06(1)(1)Local approvals. An applicant shall submit a written request including the standard notice developed under s. 289.22 (2), Stats., to each affected municipality for the specification of all applicable local approval requirements under s. 289.22 (1m), Stats. An applicant subject to s. 289.33, Stats., shall apply for all applicable local approvals specified by a municipality under s. 289.22 (1m), Stats., at least 120 days prior to submitting the feasibility report to the department. If the municipality either fails to respond within 15 days after the receipt of the written request from the applicant or indicates that there are no applicable local approval requirements, the applicant may submit the feasibility report 135 days after receipt by the municipality of the written request from the applicant or 120 days after receipt of the response from the municipality indicating that there are no local approval requirements, whichever occurs first. The feasibility report shall contain a copy of all requests for the specification of applicable local approvals, responses from affected municipalities regarding any applicable local approvals, the standard notice, and follow up applications for any applicable local approvals to document that this requirement has been met.
NR 512.06(2)(2)Submission of reports. An applicant shall submit a feasibility report to the department in accordance with ss. 289.21 to 289.29, Stats. At the same time, the applicant shall submit a copy of the initial site report, the department’s initial site report opinion, any applicable pre-feasibility report and the feasibility report to each participating municipality under s. 289.33 (6) (b), Stats. The applicant shall notify the department of when and to whom the specified copies were submitted.
NR 512.06(3)(3)Completeness. Within 60 days after a feasibility report is submitted, the department shall determine whether or not the feasibility report is complete. The department shall determine the completeness of the feasibility report by determining whether or not the items specified in the department’s initial site report opinion letter and the minimum requirements of this chapter have been met. If the report is incomplete, the department shall notify the applicant in writing and specify the information which shall be submitted in an addendum before the feasibility report can be deemed complete. If the report is complete, the department shall publish a class I public notice in accordance with s. 289.25 (3), Stats., and issue a preliminary determination stating whether or not an environmental impact statement is required. The department may require the applicant to submit additional information after determining that the feasibility report is complete if the department establishes that the feasibility of the proposed landfill cannot be determined without the additional information.
NR 512.06 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (2), (3), Register, June, 1996, No. 486, eff. 7-1-96.
NR 512.07NR 512.07General facility information. The feasibility report shall identify the project title; name, address and phone number of the primary contacts including the proposed landfill’s owner, operator and any consultants; present property owner; proposed landfill location by quarter-quarter section; total acreage of the property and proposed limits of filling; proposed landfill life, design capacity and date of closure; municipalities and industries to be served; anticipated waste types and characteristics; anticipated volumes of each major waste stream and any seasonal fluctuations taking into account waste reduction, reuse, recycling, composting and the recovery of energy from solid waste; anticipated cover frequency; mode of operation; proposed sub-base, base and final grades; preliminary design concepts; need for the landfill; the alternatives to land disposal, including any proposed waste reduction and recovery services; and how the proposed facility relates to any applicable solid waste management plan approved under s. 289.10, Stats.
NR 512.07 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.08 and am., Register, June, 1996, No. 486, eff. 7-1-96; am., Register, August, 1997, No. 500, eff. 9-1-97; am. Register, September, 1998, No. 513, eff. 10-1-98.
NR 512.08NR 512.08Land use information. The feasibility report shall include a discussion of land uses at the proposed landfill location and surrounding area. Relevant land use information contained in the initial site report may be referenced in the feasibility report. However, a thorough discussion of any changes in land uses since the submittal of the initial site report which may have an impact on the suitability of the property for waste disposal or on groundwater quality shall be included. The report shall address all areas where land use may affect or be affected by the proposed landfill. At a minimum, this will be the area within one mile of the proposed limits of filling. If the landfill owner proposes to accept municipal solid waste or other putrescible waste, the report shall include any information or bird study requested by the federal aviation administration or by the department concerning any airport whose runway end is within 5 miles of the proposed limits of filling.
NR 512.08 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.09 and am., r. (1) to (4), Register, June, 1996, No. 486, eff. 7-1-96.